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(영문) 광주지방법원 순천지원 2019.03.14 2018고단2675
공무집행방해
Text

Defendants shall be punished by imprisonment for ten months.

However, for two years from the date of the conclusion of this judgment against the Defendants.

Reasons

Punishment of the crime

On September 28, 2018, at around 22:10 on September 28, 2018, the Defendants: (a) at the office of the third floor of the D Association building in the Mineyang-si, the Defendant B’s defect in order to arrest five police officers, including the background F of the Eth of the Mine Police Station E, security guards G, etc., who are the seat of the Defendants, to escort the Defendants to the police station; (b) obstructed the front of the police vehicle; and (c) prevented the progress of the vehicle; and (d) the F repeats three times the smuggling before the police vehicle B

F was assaulted by Defendant A, who sealed Defendant B, by tightly pushing the F on the back side of the F, and by tightly tightly sticking the left part of F on the hand floor.

Accordingly, the Defendants jointly interfered with the legitimate execution of official duties concerning the escort of police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement related to F and G;

1. A written statement of I and J;

1. Application of CD-related Acts and subordinate statutes

1. Articles 136 (1) and 30 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The poor nature of the crime, such as taking a bath to police officers performing public service and exercising violence, etc.;

(k) A favorable normal situation: A confession, reflectivity, and no police officer who has suffered serious injury in the course of obstruction of performance of official duties;

In light of the above legal principles, the Defendants did not have serious criminal records.

In addition, family relation, age, character and conduct, intelligence and environment of the Defendants, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing under each subparagraph of Article 51 of the Criminal Act.

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